Scott Wiener
- Democratic
- Senator
- District 11
Author
Existing law generally regulates employment and, with certain exceptions, requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. This bill would impose minimum requirements, commencing January 1, 2025, relating to contracts between a hiring party and a freelance worker, defined as a person, as specified, that is hired or retained as a bona fide independent contractor by a hiring party to provide professional services in exchange for an amount equal to or greater than $250, as specified. Specifically, the bill would require a hiring party to pay a freelance worker the compensation specified by a contract for professional services on or before the date specified by the contract or, if the contract does not specify a date, no later than 30 days after completion of the freelance worker's services. The bill would require a contract between a hiring party and a freelance worker to be in writing and would require a hiring party to retain the contract for no less than 4 years. The bill would prohibit a hiring party from discriminating or taking adverse action against a freelance worker for taking specified actions relating to the enforcement of these provisions. The bill would authorize an aggrieved freelance worker or a public prosecutor to bring a civil action to enforce these provisions, as specified.
Chaptered by Secretary of State. Chapter 870, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 34. Noes 3. Page 5560.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 70. Noes 0. Page 6550.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 15).
August 7 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 33. Noes 3. Page 4023.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 3967.) (May 16).
Set for hearing May 16.
April 29 hearing: Placed on APPR suspense file.
Set for hearing April 29.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 3634.) (April 16).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 3562.) (April 10). Re-referred to Com. on JUD.
Set for hearing April 16 in JUD. pending receipt.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
Set for hearing April 10.
Referred to Coms. on L., P.E. & R. and JUD.
From printer. May be acted upon on or after March 1.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB988 | HTML |
| 01/30/24 - Introduced | |
| 04/01/24 - Amended Senate | |
| 04/18/24 - Amended Senate | |
| 08/19/24 - Amended Assembly | |
| 08/30/24 - Enrolled | |
| 09/28/24 - Chaptered |
| Document | Format |
|---|---|
| 04/09/24- Senate Committee on Labor, Public Employment and Retirement | |
| 04/13/24- Senate Judiciary | |
| 04/26/24- Senate Appropriations | |
| 05/17/24- Sen. Floor Analyses | |
| 06/17/24- Assembly Labor and Employment | |
| 06/21/24- Assembly Judiciary | |
| 08/05/24- Assembly Appropriations | |
| 08/22/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/27/24- Sen. Floor Analyses |
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